Supreme Court of Alabama, 2002

Canidate v. State

Canidate v. State
Supreme Court of Alabama · Decided August 16, 2002 · Houston, Johnstone, Lyons, Moore, Woodall
842 So. 2d 648; 2002 Ala. LEXIS 241; 2002 WL 1880698 (Southern Reporter, Second Series)

Canidate v. State

Concurring Opinion

JOHNSTONE, Justice

(concurring specially).

While the decision by the Court of Civil Appeals appears to conflict with Carlisle v. State, 512 So.2d 150 (Ala.Crim.App. 1987), quoted at pages 1-7 of the petitioner’s brief, the petitioner has not invoked Rule 39(a)(1)(D), Ala. R.App. P., “conflict” as a basis for our certiorari jurisdiction.

Opinion of the Court

WOODALL, Justice.

The petition for the writ of certiorari is denied.

WRIT DENIED. NO OPINION.

MOORE, C.J., and HOUSTON and LYONS, JJ., concur. JOHNSTONE, J., concurs specially.

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